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New Turn for Asbestos Reporting Under TSCA

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asbestos photo

A court ruling in the final days of 2020 for asbestos reporting under the Toxic Substance Control Act (TSCA) may finally steer the EPA’s review of asbestos back in the right direction.

How the incoming Biden Administration responds to these developments will impact whether asbestos is finally labeled a toxin under TSCA and the extent of new asbestos reporting requirements for continued industry use of asbestos.

Background

A 2016 bipartisan amendment to TSCA created an agency review standard that seemed likely to result in asbestos finally being identified by the EPA as a toxin.  However, the EPA under the Trump Administration created a very narrow analysis based on too little information.  Legal challenges to that approach, coupled with the COVID-19 pandemic, slowed the final scope and status of the EPA’s asbestos risk analysis. Though the EPA released the first part of its risk evaluation on December 30, 2020, a federal district court decision handed down on December 22, 2020 could force the EPA to drastically change its assessment.    

Court ruling involving asbestos reporting

The federal district court ruling involved two cases – one brought by the Asbestos Disease Awareness Organization (ADAO) and a second filed by several states attorney generals.  Judge Edward Chen, in his 36-page ruling, found that the asbestos-containing products identified by the agency during the rule making process “appear to be only the tip of the iceberg.” Chen also held that gaps in the agency’s information create risk evaluation models which don’t have the ability to “make accurate assessments that capture all ‘reasonably available’ data.”

The Court ordered the EPA to make significant changes to its TSCA Chemical Data Reporting (CDR) Rule to close several loopholes. These include considering more in-depth information about potential uses of asbestos for its risk evaluation.  Judge Chen’s order also addressed closing two additional loopholes:  ending the reporting exemption for products with “impurities” (like asbestos contaminated talc products) and requiring current processors of asbestos products to report those uses. 

What happens next?

Assuming the Biden Administration chooses not to appeal Judge Chen’s order,  the district court’s opinion will require EPA to amend its TSCA Chemical Data Reporting (CDR) Rule to require additional asbestos reporting from companies using asbestos and raw material that may be contaminated with asbestos – such as talc-based cosmetics. The data gathered through additional reporting may require the EPA to revise its conclusions or conduct yet another evaluation.  

This will impact not only the EPA’s Part 1 – risk evaluation of current asbestos uses, but Part 2 as well – risk evaluation for legacy uses of asbestos. Safer consumer products and cosmetics could also be the upshot of more stringent asbestos reporting requirements.

Less Traffic, More Fatalities

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When the Covid-19 pandemic lock down began in earnest March of 2020, streets took on an eerie emptiness rarely seen in the Dallas area. It would seem to be good thing; in fact, there were fewer accidents and you would expect fewer serious personal injuries. However, an interesting statistic emerged that with less traffic, more fatalities happened.

In the four counties of Dallas, Tarrant, Collin, and Denton, there were 72 more fatalities than during the same period in 2019. These totaled 480 deaths from vehicle accidents. Robert Wunderlich with the Texas A&M Transportation Institute said, “It’s a very interesting phenomenon. We were surprised to see that. What you would like to see is a proportional decrease in serious crashes in conjunctions with the decrease in total crashes.”

Less traffic, more fatalities: Why?

A couple of reasons came to the forefront. Speed was number one. With fewer cars on the road, people felt they could exceed the speed limit. Engineers are now studying ways to reduce risks on less congested highways.

Another behavior adding to the deaths is an increased use of alcohol and drugs. According to the National Highway Traffic Safety Administration, “drug prevalence was high among seriously and fatally injured roadway users before the public health emergency began and was even higher during, especially for alcohol, cannabinoids (active THC), and opioids.” Before the pandemic, 50% of serious or fatal accidents involved these thought-altering substances. Now these account for 65% of serious or fatal accidents.

Are there other factors?

Perhaps not as directly involved with the problem of less traffic, more fatalities, but definitely a contributor, is the condition of streets and roadways throughout the Dallas/Ft. Worth area.

In 2017, Dallas had the 5th highest rate of fatal traffic accidents among the largest 25 cities in the U.S. In addition, it has a backlog of $2 billion in unfunded street improvement needs. Not surprising that so many streets are in disrepair. Also in 2017, Ft. Worth had the 6th highest fatality rate of the same study.

Not only are accidents caused by bad drivers, but by poorly marked lanes, illegible or non-existent signage, pot holes and a myriad of other factors. These are not only an on-site problem, but can damage cars leading to brakes needing repair and other vehicle damage.

In a Dallas City Council traffic safety plan briefing, it was noted that half of the serious accidents in Dallas are on just 8% of the city’s streets. At that meeting, the council endorsed a program called Vision Zero, run by a non-profit group. Its goal is to improve safety on those streets desperately needing attention with the target of zero fatalities.

How to stay safe?

Obviously, first is to be a good driver yourself – no speeding, no thought-altering drugs while driving.

If you live or work in Dallas, there is an interactive map showing street status, planned work, and bond projects. A look at this may help avoid an accident or car repair.

Last, remember to be a defensive driver. A long-remembered line from drivers’ training, “You can be right, dead right as you speed along, but just as dead as if you’d been wrong.”

Stay safe.

Enjoy Your Holidays and Stay Safe!

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It’s that busy time of year with increased activities as preparations are made for decorating, gift-giving, and time with family; so take a moment to think how you can enjoy your holidays and stay safe at the same time. Here are a few suggestions to keep in mind.

Fire

Check your smoke alarm before adding electrical decorations. Often lights are added during the holidays, both inside and outside of your home. This can put an added strain on breakers, but especially on outlet strips. Watch that these are not overloaded and be aware of any unusual odors or flickering that may signal an overheated strip of lights.

Keep candles unlit unless there is someone watching them and be sure they are not close to flammable materials.

Children – and adults – love to be close to a fireplace. Use a fire screen and check to see if clothing, especially pajamas, are fire-proofed. Outdoor fire pits can be especially enticing to children; be sure an adult monitors activity around the fire and discourages roughhousing in the area.

During gatherings of family and friends, there may be a number of people in the kitchen, including children. Keep pots on the back burners of the stovetop if possible to avoid burns from accidental bumping or little hands reaching.

Pets

While some pets may love the activity and attention, others may become agitated. Ensure there’s a safe place where your pet can relax and also where the pet will not be tempted to lash out at a child. Dropped food can turn a docile pet into one that will bite to defend its prize.

Trees, lights, ornaments, ribbons, wrapping paper, and food – chocolate and nuts especially – must be out of reach or watched closely so you don’t experience a late night trip to an emergency vet.

Shopping and traffic

This is the time of year when the “traffic is terrific” and can put a damper on trips to the mall or event venues. There is no avoiding it, unless all shopping is done online, but be prepared. If you can shop “off hours” you’ll have fewer issues. Check road conditions before leaving home and find the best route.

When you park, keep all packages in the trunk or other place where they cannot be seen. Always lock doors. When walking to and from a store, keep your eyes open and avoid looking at your phone. Take note of where you park so you can walk directly to your vehicle, keys in hand, when leaving the store or event. If you feel uncomfortable about any people in the parking lot, go back into the store and request an escort.

Hold purses or wallets and don’t leave in shopping baskets, even for a moment. Guard your cards and carefully input your PIN number in a manner that is not visible to others.

Drinking

This time of year is filled with parties and dinners where liquor is served. If you want to celebrate with drinks, there are ways to do it safely. If you have one drink, have it early and eat at the same time. Stay long enough to remove it from your system before driving. Otherwise, ride with a friend or take one of the car services to get home. Many holidays have been ruined because of one too many.

Enjoy your holidays!

These suggestions are common sense and take very little time, but they can save you from a holiday and lifetime of regrets. Enjoy your holidays and stay safe!

Have fun! Make memories! Celebrate!

MD Anderson Stayed Afloat During Floods

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MD Anderson, named the #1 best hospital for cancer-care in the US by U.S. News & World Report, managed to continue care for their patients during the flooding.

Lessons learned

Previous experience with flooded buildings and research facilities taught the staff lessons in maintaining care throughout the duration of the flooding. Floodgates protected the buildings, though the main road leading to the entrance was covered in four feet of water.

Patient care

All 528 patients in the hospital and their families remained safe and were able to continue care. A thousand staff members, including nurses, lab techs, pharmacy techs, food services, and security remained at the hospital as a ‘ride out’ team.

Though the hospital remained safe and dry, 30 to 60 per cent of employees had flooded homes or were evacuated. Even with these personal difficulties, outside teams reviewed files for those who needed urgent care. Their ability to continue care through these circumstances is remarkable.

Although outpatient services and surgeries were canceled initially, they were reinstated as soon as the teams were certain that care could be safely provided.

Services for lung cancer and mesothelioma

Many people, including some of our clients, who are affected by asbestos-related lung cancer or malignant mesothelioma utilize the outstanding services of MD Anderson. The actions of administrators and caregivers at MD Anderson affirm the confidence placed in this institution. Thanks for all those who selflessly persevered by putting patients first – in spite of personal hardships.

Effects of Cosmetics are More than Skin Deep

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In the 16th century, a Swiss physician and philosopher, Paracelsus, stated that any substance applied to or in the body can cause harm, given the right circumstances. In other words, “the dose makes the poison.” This is true especially with the wide range of chemicals, nano particles, asbestos contaminated talc, and other substances used in the manufacture of cosmetics.

Revenue from cosmetics is projected at $265 billion worldwide in 2017 for an industry that has potential for harm, but very little oversight. The FDA has an office of Cosmetics and Colors within their Center for Food Safety and Applied Nutrition. Yet, that group is seriously underfunded with a $13 million budget for fiscal year 2017 and has a very limited scope of authority.

Except for color additives, there is no legal requirement for pre-market approval of new products. There is no regulatory group that checks the safety or effectiveness of cosmetic products. In addition, there is no legal requirement for the cosmetic industry to collect or report adverse issues.

What ingredients could be harmful?

Dr. Robert M. Califf, former commissioner of the FDA, along with two other experts said, “For products that are used routinely, small effects over time within large populations can be almost impossible to detect without active surveillance. Even when health risks are substantial, as with tobacco products, the path to identifying and interpreting those safety signals clearly enough to justify regulatory action is often long and tortuous.”

However, that long scientific road has already been traveled with respect to asbestos – still an ingredient in some modern cosmetics. Decades of medical and scientific research long ago reached a consensus that asbestos is a human carcinogen. Yet, a recent investigation revealed asbestos contaminated cosmetics still being sold at a national retail chain that markets to teens. The retailer has since pulled the contaminated product from stores after one third-party found asbestos. A third-party lab hired by the retailer found none – possibly because various batches can contain different constituents. The message is that some asbestos, and other harmful ingredients, can find their way into these non-regulated cosmetics.

More about talc

Talc, a common cosmetics ingredient, is a mineral often mined in close proximity with asbestos and can be contaminated with asbestos. However, due in part to heavy lobbying in the 1970s and 80s, lax regulations allowed asbestos contaminated talc to still be utilized in cosmetics.

Are your cosmetics safe?

If you believe you have been harmed by a cosmetic, report the problem to the Center for Food Safety and Applied Nutrition’s Adverse Event Reporting System (CFSAN) an FDA database for foods, dietary supplements, and cosmetics. When they notice a number of similar reports, they can investigate. This database is also open to the public, so is available to search for adverse health events from your current cosmetics. Unlike foods, there is little ingredient information on cosmetic packaging. Even when there is, dangerous chemicals can be disguised by using scientific names. This makes knowing exactly what you’re using difficult, but there are a few sites such as www.ewg.org with information on a limited number of products.

New legislation

Sens. Dianne Feinstein, D-Calif., and Susan Collins, R-Maine recently introduced legislation creating a mandatory registration of products and facilities. The bill would also increase FDA funding using industry fees, and give other tools to the FDA as protection from risks of personal care products. Making your congressional representatives aware of your support of this bill could help give consumers visibility to dangers.

Meanwhile, check websites for your cosmetics for possible ingredient lists. If no ingredients are shown, email or call the company for more information. If enough people let these companies know that we care about what is put on our bodies, perhaps there will be more effort to using clean ingredients in their products.